Fire Brigades Act 1942 - 08-d0-03



1981200-51752500Western Australia STYLEREF "Name Of Act/Reg"Fire Brigades Act 1942Western Australia STYLEREF "Name Of Act/Reg"Fire Brigades Act 1942Contents TOC \t "Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9" \t "nHeading 2,2,nHeading 3,8" \n "2-7" \w \* MERGEFORMAT Part I?—?Preliminary1.Short title and commencement PAGEREF _Toc32493790 \h 24.Terms used PAGEREF _Toc32493791 \h 2Part II?—?Fire districts5.Fire districts PAGEREF _Toc32493793 \h 55A.Application of Act PAGEREF _Toc32493794 \h 6Part VI?—?General powers and duties of Minister and FES Commissioner24.Power to purchase property for stations etc. PAGEREF _Toc32493796 \h 725.Functions of FES Commissioner PAGEREF _Toc32493797 \h 825A.FES Commissioner may require certain fire fighting appliances PAGEREF _Toc32493798 \h 826.Formation of brigades etc. PAGEREF _Toc32493799 \h 926A.Further powers of FES Commissioner PAGEREF _Toc32493800 \h 1027.FES Commissioner’s proposals to be submitted to local government PAGEREF _Toc32493801 \h 12Part VII?—?Officers and members of brigades and others30.Approval of members of volunteer brigade PAGEREF _Toc32493803 \h 1331.Brigades are under control of FES Commissioner PAGEREF _Toc32493804 \h 1333.General duties and powers of FES Commissioner and authorised persons PAGEREF _Toc32493805 \h 1333A.Duties and powers of FES Commissioner and authorised officers in relation to public buildings PAGEREF _Toc32493806 \h 1534.Duties and powers of FES Commissioner and others at fires PAGEREF _Toc32493807 \h 2034A.Powers concerning persons exposed to hazardous material PAGEREF _Toc32493808 \h 22Part VIII?—?Regulations35.Power to make regulations PAGEREF _Toc32493810 \h 2535A.Minister may declare permanent brigade districts PAGEREF _Toc32493811 \h 27Part X?—?Miscellaneous48.FES Commissioner to provide information to Chief Health Officer PAGEREF _Toc32493813 \h 2849.Brigades to be registered etc. PAGEREF _Toc32493814 \h 2850.Restriction as to establishment of salvage corps PAGEREF _Toc32493815 \h 2851.Rewards to brigades PAGEREF _Toc32493816 \h 2952.Penalty for soliciting contributions for brigades without authority PAGEREF _Toc32493817 \h 2956.Turncocks to attend fires PAGEREF _Toc32493818 \h 3057.Disconnection of gas or artificial light PAGEREF _Toc32493819 \h 3058.Police and others to aid FES Commissioner PAGEREF _Toc32493820 \h 3059.Penalties for interference, damage etc. PAGEREF _Toc32493821 \h 3160.Removal of persons not members of recognized fire brigades from burning premises PAGEREF _Toc32493822 \h 3161.Rights to water for extinguishing fires and for practice etc. PAGEREF _Toc32493823 \h 3266.Failure to deliver up any premises in occupation by officer or member of brigade PAGEREF _Toc32493824 \h 3367.Detention of property of Department PAGEREF _Toc32493825 \h 3372.Penalty for offences PAGEREF _Toc32493826 \h 34Second Schedule?— Fire districtsNotesCompilation table PAGEREF _Toc32493829 \h 40Other notes PAGEREF _Toc32493830 \h 46Defined terms Western AustraliaFire Brigades Act?1942 An Act to consolidate and amend the law relating to the prevention and extinguishing of fires, the confining and ending of hazardous material incidents and the protection of life and property from fire, hazardous material incidents and accidents. [Long title amended: No.?52 of 1994 s.?4.] Part I?—?Preliminary[Heading inserted: No.?19 of 2010 s.?43(3)(a).]1.Short title and commencement This?Act may be cited as the Fire Brigades Act?1942 and shall come into operation on a day to be fixed by proclamation.[2.Deleted: No.?10 of 1998 s.?76.][Heading deleted: No.?19 of 2010 s.?43(3)(b).][3.Deleted: No.?38 of 2002 s.?43.]4.Terms used(1)In this Act, unless inconsistent with the subjectmatter or context, the following words shall have the meanings respectively assigned to them (that is to say)?—?brigade includes all fire brigades, whether permanent or volunteer, or private;Department has the meaning given in the FES Act section?3;district means a fire district constituted by or under this Act;employed in the Department means employed or engaged in the Department in accordance with the FES Act section?20(1);FES Act means the Fire and Emergency Services Act?1998;FES Commissioner has the meaning given in the FES Act section?3;hazardous material means anything that, if it escapes while being produced, stored, moved, used or otherwise dealt with, may cause personal injury or death, or damage to property or the environment;hazardous material incident means an actual or impending spillage or other escape of hazardous material that causes or threatens to cause injury or death, or damage to property or the environment;inflammable matter includes all substances capable of ignition or combustion by the application of heat or by means of sparks or flame or by spontaneous causes;owner means and includes any person, whether as beneficial owner, trustee, or executor, mortgagee in possession, or as agent or attorney for any person or otherwise for the time being in actual receipt of, or entitled to receive, the rents and profits of the lands or buildings in connection with which the word is used, or who, if such land or buildings were let to a tenant, would be entitled to receive the rents and profits thereof;permanent fire brigade means a fire brigade established and maintained by the FES Commissioner, the services of whose members are wholly at the disposal of the FES Commissioner;premises includes any building, structure, erection, vessel, wharf, jetty, land or other premises;private fire brigade means any association of persons authorised by the FES Commissioner and formed for the purpose of the prevention and extinguishing of fires and the protection of life and property from fire within the boundaries of property owned or used by any person, if the carrying out of the purpose of such association is not the sole or principal calling or means of livelihood of such persons or of a majority of them;property of the Department means property vested in the Minister that is under the control of the FES Commissioner;rescue operation means the rescue and extrication of any person or property endangered as a result of an accident, explosion or other incident;vessel means any ship, steamship, barge, punt, boat, or other floating vessel used for storing or carrying goods or for carrying passengers;volunteer fire brigade means any association of persons authorised by the FES Commissioner and formed for the purpose of the prevention and extinguishing of fires and the protection of life and property from fire, if the carrying out of the purpose of such association is not the sole or principal calling or means of livelihood of such persons or of a majority of them.[(2)deleted][Section?4 amended: No.?34 of 1963 s.?4; No.?3 of 1964 s.?2; No.?42 of 1966 s.?3; No.?27 of 1971 s.?2; No.?28 of 1982 s.?3; No.?51 of 1985 s.?3; No.?51 of 1986 s.?46(2); No.?49 of 1992 s.?29; No.?52 of 1994 s.?5; No.?14 of 1996 s.?4; No.?42 of 1998 s.?18; No.?38 of 2002 s.?44; No. 42 of 2002 s.?19; No.?22 of 2012 s.?71 and 94.] Part II?—?Fire districts 5.Fire districts (1)Subject to the provisions of subsection?(2), the local government districts and parts thereof constituted as fire districts prior to the coming into operation of the Fire Brigades Act Amendment Act?1971, as set out in the Second Schedule, are for the purposes of this Act fire districts under the respective names as set out in the Schedule.(2)For the purposes of this Act the Minister may, by notice published in the Gazette?—(a)constitute as a fire district all or part of a district under the Local Government Act?1995 which is not a fire district under subsection?(1); and[(b)deleted] (c)subject to subsection?(5) unite any 2 or more fire districts the areas of which are contiguous, into one fire district; and(d)adjust the boundaries of a fire district; and(e)abolish a fire district; and(f)assign a name to, or alter the name of a fire district; and(g)include or remove, as the case may be, the name of a fire district or local government district in or from Part II, III, or IV of the Second Schedule; and(h)transfer the name of a fire district from one Part to another Part of the Second Schedule; and(i)vary or revoke a notice under this subsection.[(3)deleted](4)The local government districts and parts thereof mentioned in Parts I and II of the Second Schedule are united into one fire district under the name of the Metropolitan Fire District.(5)Before a notice is made under the provisions of subsection?(2)(c), the Minister shall give to the local governments whose districts or portion thereof are to be the subject of the notice, at least 30?days’ notice of intention to make the notice.(6)Any vessel lying in any river, harbour, or other water within or adjacent to any district shall be subject to this Act in the same manner as if it were premises within a district. But this subsection shall not apply to any of Her?Majesty’s vessels of war or to any vessel which belongs to the Government of any foreign State (not being an enemy).[Section?5 amended: No.?41 of 1951 s.?3(3); No.?34 of 1959 s.?2; No.?34 of 1963 s.?5; No.?27 of 1971 s.?3; No.?14 of 1996 s.?4; No.?38 of 2002 s.?45(1)(3).] 5A.Application of Act (1)Except as otherwise provided in this Act, this Act applies to all fire districts.(2)This Act applies to?—?(a)hazardous material incidents that occur anywhere in the State; and(b)rescue operations that occur anywhere in the State.[Section?5A inserted: No.?52 of 1994 s.?6; amended: No.?38 of 2002 s.?46.] [Parts III (s.?6), IV (s.?717) and V (s.?1822) deleted: No.?42 of 1998 s.?19.]Part VI?—?General powers and duties of Minister and FES Commissioner[Heading amended: No.?42 of 1998 s.?20; No.?22 of 2012 s.?72.][23.Deleted: No.?42 of 1998 s.?21.]24.Power to purchase property for stations etc. (1)The Minister may, under the FES Act section?8, purchase, take on lease, or otherwise acquire buildings or land, and all such apparatus and plant and other property as the Minister may think requisite for carrying into effect the purposes of this Act, and may from time to time, under that section, sell or exchange or let any property acquired by or vested in the Minister for the purposes of this Act.(2)All moneys resulting from the sale, exchange, or letting of any property by the Minister shall be applied in the purchase of property for the Department or the improvement of the property of the Department.(3)Despite subsections?(1) and?(2), any real property acquired by the Minister or the former Authority, or a body corporate to which the former Authority was a successor, from a local government without pecuniary consideration, if no longer required for the purposes of this Act, shall revest in the local government, subject to the payment by the local government to the Minister of the value of the improvements (if any) effected thereon after such acquisition.(4)In subsection?(3)?— former Authority means the Fire and Emergency Services Authority of Western Australia established by the FES Act section?4, as in force immediately before the commencement of the Fire and Emergency Services Legislation Amendment Act?2012 section?7.[Section?24 amended: No.?14 of 1996 s.?4; No.?42 of 1998 s.?22 and 37; No.?19 of 2010 s.?51; No.?22 of 2012 s.?73.] 25.Functions of FES CommissionerSubject to this Act, the functions of the FES Commissioner under this Act are?—?(a)to take, superintend and enforce all necessary steps for preventing and extinguishing fires and protecting and saving life and property from fire; and(b)to take all practicable measures?—?(i)for protecting and saving life and property endangered by hazardous material incidents; and(ii)for confining and ending such an incident; and(iii)for rendering the site of such an incident safe;and(c)to take and superintend all necessary steps in rescue operations; and(ca)to promote the safety of life and property from fire, hazardous material incidents, accidents, explosions or other incidents requiring rescue operations; and(d)to have the general control of all fire brigade premises and fire brigades; and(e)to perform such other duties as are entrusted to the FES Commissioner by the Minister.[Section?25 inserted: No.?52 of 1994 s.?15; amended: No.?42 of 1998 s.?23; No.?38 of 2002 s.?47; No.?22 of 2012 s.?74 and 94.] 25A.FES Commissioner may require certain fire fighting appliances(1)The FES Commissioner may by notice in writing addressed to the owner or occupier of any premises direct him to install and provide within the time specified in the notice, such?—?(a)water taps, water pipes, connections, fittings and equipment in respect thereof; and(b)equipment, apparatus or appliances for the purpose of?—(i)preventing the outbreak of or extinguishing fire; or(ii)preventing injury or damage to persons or property by fire;in or upon the premises and in such positions as the FES Commissioner directs in the notice.(2)In this section the expression, premises does not include premises which consist of a private dwelling house designed for the use and occupation of one family.(3)The occupier of the premises shall keep and maintain in good working order and fit for immediate use any equipment, apparatus, appliances, taps, pipes or connections installed on the premises under the provisions of this section.(4)A person who is aggrieved by a direction of the FES Commissioner may apply to the State Administrative Tribunal for a review of the direction on the ground that the things directed to be installed and provided in or upon the premises are not reasonably required by the FES Commissioner for any of the purposes referred to in subsection?(1)(b).[Section?25A inserted: No.?34 of 1959 s.?5; amended: No.?42 of 1998 s.?37; No.?55 of 2004 s.?366; No.?22 of 2012 s.?94.] 26.Formation of brigades etc. The FES Commissioner may?—?(a)take measures for the formation of permanent or volunteer or private fire brigades;(b)amalgamate, or disband, or cancel the registration of, any fire brigade;(c)determine the number of permanent and volunteer and private fire brigades necessary for the protection of any district, and also the apparatus and plant to be used by each brigade;(d)establish and support schools of instruction, and issue certificates of qualification in fireextinction to members of fire brigades;(e)provide and maintain firealarms and apparatus and plant for the prevention and extinguishing of fires;(f)provide and maintain telephonic or other communication between fire brigade premises and between any such premises and any other places.[Section?26 amended: No.?42 of 1998 s.?37; No.?22 of 2012 s.?94.]26A.Further powers of FES Commissioner(1)Without limiting sections?25 and 26, for the purpose of carrying out the FES Commissioner’s functions under this Act the FES Commissioner may, anywhere in the State, do any of the things it is authorised to do under subsection?(2).(2)Under this subsection the FES Commissioner may?—(a)establish and operate premises or mobile facilities for the dissemination of information, and sell or grant to any person the right to sell educational materials, souvenirs and refreshments on such premises or from such mobile facilities; and(b)create and distribute educational materials in any medium; and(c)utilise the apparatus, plant and other property of the Department and use the persons employed in the Department to promote public awareness of the functions of the FES Commissioner under this Act or to enhance the Department’s public image; and(d)provide a maintenance and inspection service for fire and hazardous material detection and protection systems and equipment and rescue equipment, and deal in firefighting, hazardous material control and rescue equipment to which such service relates; and[(e)deleted](f)provide any service for which the equipment or skills under the control of the FES Commissioner are especially suited, and supply any specialist equipment under the control of the FES Commissioner to any person or body; and(g)enter into financial arrangements with any other party, and receive payment under such arrangements, in relation to the exercise of any power conferred by this paragraph; and(h)establish facilities or courses of instruction to provide training to any person not employed in the Department in the skills required to perform a function of the FES Commissioner; and(i)receive gifts of money, by way of sponsorship or otherwise, towards the cost of, and accept by way of gift equipment and other property for use in, the performance of the FES Commissioner’s functions; and(j)charge and receive the prescribed fees for — (i)the examination of plans and specifications of buildings, and for related advisory and inspection services, where the examination is made for the purpose of ensuring the safety of life and property from fire or hazardous materials; and(ii)the carrying out of rescue operations;and(k)do anything that is incidental to, or is necessary or convenient to be done for, the exercise of any power conferred on the FES Commissioner by this section.[Section?26A inserted: No.?38 of 2002 s.?48; amended: No.?42 of 2002 s.?20; No. 22 of 2012 s.?75.]27.FES Commissioner’s proposals to be submitted to local government(1)The FES Commissioner shall submit its proposals in respect of the class of brigade, the method of fire protection and hazardous material incident control, and the rescue service to be established in each district to the local government before putting such proposals into operation, and shall advise the local government of any intended change in the class of brigade, the method of fire protection and hazardous material incident control, and the rescue service, and any difference between the FES Commissioner and the local government on such matters shall be referred to the Minister for his decision.(1A)Subsection?(1) shall not apply when the districts of 2 or more local governments have been united into one fire district as provided for in section?5.(2)Any local government may make representations to the FES Commissioner in regard to the class of brigade, the method of fire protection and hazardous material incident control, and the rescue service in its district, and may appeal to the Minister if dissatisfied with the action of the FES Commissioner, and the Minister may decide all matters in dispute between the local government and the FES Commissioner.[Section?27 amended: No.?52 of 1994 s.?17; No.?14 of 1996 s.?4; No.?42 of 1998 s.?37; No.?19 of 2010 s.?51; No.?22 of 2012 s.?94.] [28.Deleted: No.?98 of 1985 s.?3.] Part VII?—?Officers and members of brigades and others[Heading amended: No.?42 of 1966 s.?8; No.?22 of 2012 s.?76.] [29.Deleted: No.?22 of 2012 s.?77.] 30.Approval of members of volunteer brigade No election or appointment of the officers and members of any volunteer or private brigade shall have any force or effect until approved by the FES Commissioner.[Section?30 amended: No.?42 of 1998 s.?37; No.?22 of 2012 s.?94.]31.Brigades are under control of FES CommissionerEvery brigade and all the officers and members of a brigade are under the immediate order and control of the FES Commissioner.[Section?31 inserted: No.?22 of 2012 s.?78.][32.Deleted: No.?107 of 1972 s.?3.] 33.General duties and powers of FES Commissioner and authorised persons(1)The FES Commissioner, or a person employed in the Department who is authorised by the FES Commissioner for the purposes of this section, is to perform or exercise, in addition to any other duties, the following general duties and powers?—(a)he shall cause a book to be kept containing the names, ages, occupations, and places of abode of all officers and members of every fire brigade;(b)he shall summon once a month at the least all or as many of the officers and members of brigades as may be required for practice in order to render them fit and efficient for service;(c)he shall from time to time inspect all fire brigades and, in the case of a person other than the FES Commissioner, report to the FES Commissioner on their state of efficiency and make such recommendations as to him may seem fit;(d)he shall have the immediate charge and control of all apparatus and plant, and other property of the Department, and shall keep the same in a fit state for efficient service;(e)he shall at all reasonable times have free access to any premises, and if in his opinion there exists in or on any premises any potential danger to life or property from fire or hazardous materials, he may direct or order the owner or occupier of such premises to abate such danger within reasonable time, as named in the requisition;(f)he shall at all reasonable times have free access to all premises used or intended for purposes of public entertainment or of public assembly for the purpose of ascertaining whether the laws and regulations pertaining to the prevention of and escape from fire or hazardous material incidents are being observed;(g)in the case of a person other than the FES Commissioner, the person is to make any inquiries and reports as directed by the FES Commissioner.(2)Any person who fails to comply with the requirements of a requisition served under subsection?(1)(e) shall be liable on conviction to a penalty not exceeding $2?500, and also to a further penalty not exceeding $100 for every day during which the offence continues after that conviction.(3)Any person aggrieved by a requisition served under subsection?(1)(e) may apply to the State Administrative Tribunal for a review of the requisition and no proceedings shall be instituted against such person pending the hearing of the application or an appeal under the State Administrative Tribunal Act?2004 section?105.[Section?33 amended: No.?42 of 1966 s.?10; No.?52 of 1994 s.?20 and 34; No.?42 of 1998 s.?37; No.?38 of 2002 s.?49(3) and 50; No.?55 of 2004 s.?367; No. 46 of 2009 s.?9; No.?22 of 2012 s.?79; No.?19 of 2016 s.?140.] 33A.Duties and powers of FES Commissioner and authorised officers in relation to public buildings(1)If, after having inspected a public building, the FES Commissioner, or a person employed in the Department who is authorised by the FES Commissioner for the purposes of this section, considers that the safety of persons in the public building may be endangered in the event of fire or a hazardous material incident therein, he may?—?(a)using such force as is reasonably necessary for the purpose, cause any aisle, corridor, door, gangway, lobby or passage connected with any exit or escape from the public building or any such exit or escape itself, the obstruction, closing or locking of which aisle, corridor, door, gangway, lobby, passage, exit or escape is or reasonably appears to be in breach of any requirement of any Act, or of any proclamation, regulation, rule, local law, bylaw, order, notice, resolution or other instrument?—?(i)made under an Act or under any other such proclamation, regulation, rule, local law, bylaw, order, notice, resolution or instrument; and(ii)having legislative effect,to be cleared, opened or unlocked, as the case requires; or(b)being satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, order the occupier or presumed occupier of the public building forthwith to close the public building for such period not exceeding 48?hours as is specified in that order and as the FES Commissioner or person so authorised considers necessary for the alleviation of the danger in question; or(c)if an order referred to in paragraph?(b) cannot for any reason be given to the occupier or presumed occupier of the public building or if such an order, having been given to that occupier or presumed occupier, is not forthwith obeyed, himself, being satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, close the public building for such period not exceeding 48?hours as he considers necessary for the alleviation of the danger in question, using such force as is reasonably necessary for the removal from the public building of persons therein without doing them bodily harm.(2)The occupier or presumed occupier of a public building may in complying with an order given to him under subsection?(1) use such force as is reasonably necessary for the removal from the public building of persons therein without doing them bodily harm.(3)The FES Commissioner or authorised officer giving an order under subsection?(1) shall do so?—?(a)in writing served on the occupier or presumed occupier of the public building in question; or(b)orally, in which case he shall as soon as is practicable thereafter serve on the occupier or presumed occupier of the public building in question confirmation in writing of the contents of that order and of the time and place at which that order was so given,and shall cause a copy of that order or confirmation, as the case requires, to be affixed to that public building in a conspicuous position.(4)The FES Commissioner or an authorised officer may, if he considers that the danger to which an order given under subsection?(1) relates has been alleviated, rescind that order.(5)The Commissioner of Police may, if requested by the FES Commissioner or an authorised officer to do so, assist the FES Commissioner or authorised officer in the exercise of any power conferred on the FES Commissioner or authorised officer by subsection?(1).(6)If the FES Commissioner or an authorised officer considers that a danger in relation to which he has exercised the power conferred on him by subsection?(1)(b) or (c) cannot be, or has not been, alleviated within the period of 48?hours referred to in that paragraph, he shall, having given such prior notice of his intention to do so to the occupier of the public building in question as is practicable in the circumstances, apply to the Magistrates Court for an order directing that occupier to close or keep closed, as the case requires, that public building for such period as the Court considers necessary for the alleviation of that danger.(7)On an application made under subsection?(6), the Magistrates Court shall be constituted by a magistrate and may grant, subject to any conditions the Court thinks fit to impose, or refuse to grant, the order sought by the application.(8)If an application is made under subsection?(6) while?—?(a)an order given under subsection?(1) in relation to the public building in question is in force, that order continues in force; or(b)the public building in question is closed under subsection?(1)(c), that closure continues,until the application is finally determined or is withdrawn.(9)The FES Commissioner or an authorised officer or the owner or occupier of a public building to which an order granted under subsection?(7) relates may apply to the Magistrates Court for that order to be rescinded.(10)On an application made under subsection?(9) the Magistrates Court shall be constituted by a magistrate and may rescind or refuse to rescind the order to which the application relates.(11)The FES Commissioner shall exercise general supervision over the exercise or performance by an authorised officer of any power or duty conferred or imposed by this section on the authorised officer.(12)A person shall?—?(a)not hinder or obstruct a person to whom this subsection applies in the exercise of any power or the performance of any duty conferred or imposed on him by this section or by an order given or granted thereunder; or(b)if he is the occupier of the public building in question, comply with an order given or granted under this section in respect of that public building.Penalty: $50?000.Daily penalty: $1?000.(13)The occupier of a public building who fails to fulfil a contractual obligation is not liable for any consequences of that failure if?—?(a)the failure resulted from the occupier complying with a requirement of this section or an order given or granted under this section; and(b)the occupier could not have fulfilled the contractual obligation as well as complying with the requirement.(14)Subsection?(12) applies to?—?(a)the FES Commissioner; and(b)an authorised officer; and(c)a member of the Police Force assisting the FES Commissioner or an authorised officer as a result of compliance by the Commissioner of Police with a request made under subsection?(5); and(d)the occupier or presumed occupier of a public building complying with an order given or granted under this section in respect of the public building.(15)In this section?—?alleviation means alleviation by compliance with the relevant requirements of any provision of an Act, or of a proclamation, regulation, rule, local law, bylaw, order, notice, resolution or other instrument?—?(a)made under an Act or under any other such proclamation, regulation, rule, local law, bylaw, order, notice, resolution or instrument; and(b)having legislative effect,which provision relates to the prevention of fire or hazardous material incidents in public buildings or to ensuring the safety of persons in public buildings in the event of fire or hazardous material incidents therein, and cognate words shall be construed accordingly;authorised officer means a person employed in the Department who is authorised by the FES Commissioner within the meaning of subsection?(1);occupier, in relation to a public building, means person in charge of, or having the control and management of, the public building;presumed occupier, in relation to a public building, means person who appears to the FES Commissioner or to an authorised officer, as the case requires, to be the occupier of the public building;public building?— (a)means a building or place or part of a building or place where persons may assemble for?—(i)civic, theatrical, social, political or religious purposes; or(ii)educational purposes; or(iii)entertainment, recreational or sporting purposes; or(iv)business purposes;and(b)includes any building, structure, tent, gallery, enclosure, platform or other place or any part of a building, structure, tent, gallery, enclosure, platform or other place in or on which numbers of persons are usually or occasionally assembled; but(c)does not include a hospital.[Section?33A inserted: No.?28 of 1982 s.?20; amended: No.?52 of 1994 s.?21 and 34; No.?14 of 1996 s.?4; No.?42 of 1998 s.?37; No.?38 of 2002 s.?49(3) and 51; No.?50 of 2003 s.?61(2); No.?59 of 2004 s.?141; No. 22 of 2012 s.?80; No.?19 of 2016 s.?141.] 34.Duties and powers of FES Commissioner and others at firesFor the purpose of extinguishing or controlling a fire, confining or ending a hazardous material incident or rendering the site of the incident safe, or carrying out a rescue operation, the FES Commissioner or the officer or any member of the brigade who for the time being is in charge, or a person employed in the Department who is authorised by the FES Commissioner for the purposes of this section, shall perform the following duties and may exercise the following powers (that is to say)?—?(a)he shall, with all possible speed, proceed upon the first alarm to the place where the fire or hazardous material incident is or is reported to be or where the rescue operation is to be carried out, and shall endeavour by all practicable means to extinguish the fire, confine or end the hazardous material incident or carry out the rescue operation and save all property in jeopardy;(b)he shall have the control and direction of any brigade or brigades present at any fire, hazardous material incident or rescue operation and of any persons who voluntarily place their services at his disposal;(c)he may take and direct any measures which appear to him to be necessary or expedient for the protection of life and property, or for the control and extinguishing of fire, the confining or ending of a hazardous material incident or the carrying out of a rescue operation, and may cause any premises to be entered, taken possession of, pulled down wholly or partially, or otherwise destroyed for such purpose, or for preventing fire or a hazardous material incident or for preventing the spread of fire or confining or ending a hazardous material incident;(d)he may cause water to be shut off from any main or pipe to obtain a greater pressure and supply of water for the purpose of extinguishing any fire or confining or ending a hazardous material incident; and no water supply authority shall be liable to any penalty or claim by reason of any interruption in the supply of water occasioned by compliance with the provisions of this section;(e)he may cause gas, electricity, or other illuminant to be shut off or disconnected to or at any premises; and no person supplying gas, electricity, or other illuminant shall be liable to any penalty or claim by reason of any interruption in the supply occasioned by compliance with the provisions of this section;(f)he may cause any street, private road, rightofway, or thoroughfare in the vicinity of any fire, hazardous material incident or rescue operation to be closed against traffic during the continuance of any fire, hazardous material incident or rescue operation;(g)he may remove or order any member of any fire brigade or any member of the police force to remove any person who or anything which interferes with the operations of the brigade;(h)he may, at the time of a fire, hazardous material incident or rescue operation or thereafter, pull down or shore up any wall or building which may be damaged, or which in his opinion may be likely to be damaged, by fire, hazardous materials or the carrying out of the rescue operation, or which may be in the vicinity of any place where a fire, hazardous material incident or rescue operation has occurred, and which may in his opinion be, or may be likely to become, dangerous to life or property; and the expense of such pulling down and shoring up, as the case may be, shall be borne by the owner of such wall or building, and shall be paid by him to the FES Commissioner;(i)he may cause the debris and also any premises where any fire, hazardous material incident or rescue operation has occurred, and every part of such premises, to be searched, and may remove and keep possession of any materials which may tend to prove the origin of such fire or hazardous material incident or the cause of the accident or incident which required the rescue operation;(j)he may take such measures as he thinks proper for the protection and saving of life or property and for the control and extinguishing of a fire, the confining or ending of a hazardous material incident or the carrying out of a rescue operation.[Section?34 amended: No.?52 of 1994 s.?22; No.?42 of 1998 s.?37; No.?38 of 2002 s.?49(3) and 52; No.?22 of 2012 s.?81 and?94.] 34A.Powers concerning persons exposed to hazardous material(1)Without limiting section?34, for a purpose mentioned in subsection?(2), in a hazardous material incident an authorised officer may direct a person who has been exposed to hazardous material to do all or any of the following?— (a)to remain in an area specified by the authorised officer for such period as is specified by the authorised officer;(b)to remain quarantined from other persons for such period, and in such reasonable manner, as is specified by the authorised officer;(c)to submit to decontamination procedures within such reasonable period, and in such reasonable manner, as is specified by the authorised officer.(2)A direction may be given under subsection?(1) for the purpose of?— (a)ensuring that the hazardous material is contained; or(b)ensuring that the person to whom the direction is given does not pose a serious risk to the life or health of others because of the hazardous material involved.(3)An authorised officer other than the FES Commissioner must not specify a period of more than 3?hours under subsection?(1)(a) or (b) unless the FES Commissioner has given written authorisation for a longer period to be specified in relation to the person exposed to the hazardous material.(4)If a person does not comply with a direction under this section, an authorised officer may do all such things as are reasonably necessary to ensure compliance with the direction, using such force as is reasonable in the circumstances.(5)An authorised officer may exercise a power under this section with the help, and using the force, that is reasonable in the circumstances.(6)An authorised officer may revoke a direction given under this section at any time.(7)A person shall not obstruct or hinder an authorised officer in the exercise of a power under this section.Penalty: a fine of $50?000.(8)A person given a direction under this section shall comply with the direction.Penalty: a fine of $50?000.(9)The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.(10)In this section?— authorised officer, in relation to a hazardous material incident, means the FES Commissioner or the officer or any member of the brigade who for the time being is in charge.[Section?34A inserted: No.?15 of 2005 s.?104; amended: No.?22 of 2012 s.?82.]Part VIII?—?Regulations 35.Power to make regulations (1)The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.(2)Without limiting subsection?(1), regulations may be made for all or any of the following purposes?— [(a)-(c)deleted](d)for the examination, appointment, suspension, and removal of officers and members of brigades and other persons employed or engaged for the purposes of this Act in accordance with the FES Act section?20(1)(b) or?(c), and for regulating the duties and conduct of such officers and members and other persons;(e)for the establishment and maintenance of brigades and for the payment of salaries or wages to officers and members of permanent brigades and other persons employed or engaged for the purposes of this Act in accordance with the FES Act section?20(1)(b) or?(c);(f)for the training of officers and members of brigades;(g)for the payment of compensation in cases of accidents to officers and members of brigades and other persons employed or engaged for the purposes of this Act in accordance with the FES Act section?20(1)(b) or?(c) or where death ensues therefrom to their dependants;[(h)deleted] (i)for paying gratuities in respect of voluntary or special services rendered;(j)for permitting, when occasion requires any, portion of a brigade or its apparatus and plant to proceed or be taken beyond the limits of any district for the purpose of attending fires, hazardous material incidents or rescue operations, and for regulating the charges for such service;(k)for dividing any district into subdistricts;(l)for ensuring discipline and good conduct amongst officers and members of brigades, and generally for the maintenance of brigades in a due state of efficiency;(m)for the registration of all brigades;(n)for regulating and controlling the management of hazardous material incidents;(na)for regulating and controlling rescue operations;(o)for regulating and controlling demonstrations and competitions;(p)for establishing and maintaining a salvage force, and for prescribing the charges to be levied for the services of such force;(pa)for prescribing the fees to be charged pursuant to section?26A(2)(j), and the persons liable to pay such fees;[(q)deleted](r)for prescribing the uniforms to be worn by officers and members of brigades when on duty;(s)for regulating the storage and deposit of inflammable matter and hazardous materials;[(t), (u)deleted](v)for the control and attendance of officers and members of brigades on duty in public buildings and premises, and prescribing fees and charges to be paid by the owner or occupier of any such building and premises for such service, and for the recovery thereof;(w)for managing and regulating the distributing of all revenue received under the provisions of this Act;(x)for altering the date prescribed by this Act for the doing or performance of any duty to any other date;(y)for imposing penalties for breaches of regulations, the maximum penalty in any case not to be fixed at a greater sum than $2?500.[Section?35 amended: No.?34 of 1959 s.?6; No.?34 of 1963 s.?8; No.?42 of 1966 s.?12; No.?28 of 1982 s.?21; No.?51 of 1985 s.?10; No.?87 of 1985 s.?34; No.?52 of 1994 s.?23 and 34; No.?14 of 1996 s.?4; No.?42 of 1998 s.?26 and 37; No.?38 of 2002 s.?53; No. 42 of 2002 s.?21; No.?22 of 2012 s.?83.] 35A.Minister may declare permanent brigade districtsThe Minister may, by notice published in the Gazette?— (a)declare any district to be a district served by a permanent fire brigade; and(b)vary or revoke a notice published under paragraph?(a).[Section?35A inserted: No. 42 of 2002 s.?22.][Part?IX (s.?3647)?2 deleted: No. 42 of 2002 s.?23.]Part X?—?Miscellaneous [47A.Deleted: No.?22 of 2012 s.?84.] 48.FES Commissioner to provide information to Chief Health Officer(1)In this section?— Chief Health Officer has the meaning given in the Public Health Act?2016 section?4(1).(2)The FES Commissioner must from time to time provide the Chief Health Officer with information and recommendations as to the requirements for the prevention of, and escape from, fire in premises used or intended for purposes of public entertainment or of public assembly.[Section?48 inserted: No.?19 of 2016 s.?142.]49.Brigades to be registered etc. Volunteer and private brigades already established or hereafter to be established shall conform to the regulations affecting such brigades, and shall be registered in such manner and subject to such conditions as may be prescribed by the regulations, and shall be subject to inspection by any person employed in the Department who is authorised by the FES Commissioner for the purposes of this section.[Section?49 amended: No.?42 of 1998 s.?37; No. 22 of 2012 s.?85.]50.Restriction as to establishment of salvage corps It shall not be lawful for any person to constitute or maintain within any fire district to which this Act applies any salvage corps or fire brigade for the purpose of salvage of property at fires or of extinguishing fire outside of the premises or land owned or used by such person, or at or on which such person is employed, unless such corps or brigade is constituted by the FES Commissioner or is authorised by the FES Commissioner to act as a salvage corps or fire brigade.[Section?50 amended: No.?42 of 1998 s.?37; No.?22 of 2012 s.?94.]51.Rewards to brigades Upon the FES Commissioner being satisfied that efficient and valuable service has been rendered by any brigade or by any member thereof the FES Commissioner may, in his or her discretion, pay to such brigade by way of bonus or by way of subsidy for such time as the FES Commissioner thinks desirable such sum as the FES Commissioner may determine, and may likewise reward any individual member of any brigade.[Section?51 amended: No.?42 of 1998 s.?37; No.?38 of 2002 s.?49(3); No. 22 of 2012 s.?86.]52.Penalty for soliciting contributions for brigades without authority (1)Subject to the regulations, the FES Commissioner may grant an authority in writing or in print to any person to collect contributions or subscriptions for the purposes of any brigade, and may at any time call in or cancel such authority.(2)Any person not duly authorised under subsection?(1) by the FES Commissioner who solicits contributions or subscriptions for the purpose of any brigade shall on conviction thereof be guilty of an offence against this Act.[Section?52 amended: No.?42 of 1998 s.?37; No.?22 of 2012 s.?87.][53.Deleted: No.?42 of 1966 s.?21.] [54, 55.Deleted:?No. 25 of 2012 s.?213(2).]56.Turncocks to attend fires Every turncock employed by a water supply authority shall forthwith?—?(a)on any fire occurring in a fire district within the area or part of the State allotted to him; or(b)when so requested by the FES Commissioner, on any hazardous material incident occurring within the area or part of the State allotted to him,proceed with all possible speed to the fire, or hazardous material incident and assist by all means in his power the ensuring of a copious supply and service of water.[Section?56 amended: No.?52 of 1994 s.?25; No.?42 of 1998 s.?37; No.?22 of 2012 s.?94.] 57.Disconnection of gas or artificial light Every company or person supplying gas or electricity or other illuminant to any premises on fire in a fire district or to any premises where a hazardous material incident is occurring or a rescue is being carried out shall forthwith, when so requested by the FES Commissioner, send some competent person to shut off or disconnect the supply to such premises or any adjoining premises.[Section?57 amended: No.?52 of 1994 s.?26; No.?42 of 1998 s.?37; No.?22 of 2012 s.?94.] 58.Police and others to aid FES CommissionerThe authority of the FES Commissioner shall be recognized by all officers and members of the police force and other persons. It shall be the duty of officers and members of the police force to support the authority of the FES Commissioner and assist him in enforcing obedience to any orders given in pursuance of this Act or the regulations.[Section?58 amended: No.?38 of 2002 s.?49(3); No.?22 of 2012 s.?89.]59.Penalties for interference, damage etc. Any person who?—?(a)wilfully interferes with any officer or member of any brigade in the discharge of his duty;(b)wilfully damages or interferes with any water plug, fire hydrant, fire alarm, or other property of the Department;(c)wilfully gives a false alarm of fire, a hazardous material incident or an accident or incident requiring a rescue operation;(d)drives a vehicle over a fire hose;(e)drives a vehicle within such proximity to the scene of a fire, hazardous material incident or rescue operation as to occasion interference,shall be liable to a penalty not exceeding $2?500 and shall also be liable for and may be ordered to pay the estimated damage.[Section?59 amended: No.?42 of 1966 s.?22; No.?51 of 1992 s.?16(1); No.?52 of 1994 s.?27 and 34; No.?42 of 1998 s.?37; No.?50 of 2003 s.?61(3); No.?19 of 2010 s.?51; No.?22 of 2012 s.?90.] 60.Removal of persons not members of recognized fire brigades from burning premises (1)Any person who is not a member of a fire brigade, or who is not acting under the control or direction of any officer or member of a brigade, may be ordered by any officer or member of a brigade or by any member of the police force to withdraw from?—?(a)any premises then burning or which are threatened by fire; or(b)any premises at which there is a hazardous material incident or the threat of such an incident; or(c)any premises at which a rescue operation is being carried out,and thereupon that person shall withdraw from the premises.(2)If such person neglects or refuses to so withdraw, he may be forcibly removed.[Section?60 amended: No.?42 of 1966 s.?23; No.?52 of 1994 s.?28.] 61.Rights to water for extinguishing fires and for practice etc. (1)In this section?— water services licensee means a licensee as defined in the Water Services Act?2012 section?3(1).(2)The FES Commissioner, the officers and members of brigades and any brigade registered under this Act shall have the use of all water mains, fire hydrants, water plugs, valves, and pipes vested in or belonging to any water services licensee and of all water therein or in any well or tank, free of charge, for the purpose of extinguishing any fire or confining or ending a hazardous material incident, or for the purpose of drills, competitions, and practice conducted under the authority of the FES Commissioner.[Section?61 amended: No.?52 of 1994 s.?29; No.?42 of 1998 s.?37; No.?22 of 2012 s.?94; No. 25 of 2012 s.?213(3) and (4)(b).] [62.Deleted: No. 42 of 2002 s.?24.][63.Deleted: No.?2 of 1996 s.?61.] [64.Deleted: No.?42 of 1998 s.?34.][65.Deleted: No. 42 of 2002 s.?25.]66.Failure to deliver up any premises in occupation by officer or member of brigadeWhere any officer or member of a brigade, or other person who has been employed in the Department for the purposes of this Act in any capacity, and has resigned or been discharged continues to occupy any premises of the Department, or to the possession whereof the FES Commissioner may be entitled, after notice in writing from the FES Commissioner to deliver up possession thereof, it shall be lawful for any Justice of the Peace, on the oath of one witness stating such notice to have been given, by warrant under his hand, to order any police constable to enter into such premises, and to remove such officer or member of a brigade, or person, and his family and servants therefrom, and afterwards to deliver the possession thereof to the FES Commissioner as effectually to all intents and purposes as the sheriff having jurisdiction within the place where such premises are situate might lawfully do by virtue of a writ of possession.[Section?66 amended: No.?42 of 1998 s.?37; No.?22 of 2012 s.?91.]67.Detention of property of Department(1A)In this section?— authorised officer means?— (a)the FES Commissioner; or(b)a person employed in the Department, or an agent of the FES Commissioner, who is authorised in writing by the FES Commissioner for the purposes of this section.(1)An authorised officer may enter, and, if necessary, break into any place where any property of the Department is detained contrary to the order of the FES Commissioner, and may remove that property.(2)Any person hindering or obstructing an authorised officer in so entering or breaking into any such place shall be guilty of an offence against this Act.[Section?67 amended: No.?42 of 1998 s.?37; No.?38 of 2002 s.?49(3); No. 22 of 2012 s.?92.][68.Deleted: No. 42 of 2002 s.?26.][69.Deleted: No. 42 of 2002 s.?27.][70.Deleted: No. 42 of 2002 s.?28.][71.Deleted: No.?42 of 1998 s.?35.] 72.Penalty for offences Any person disobeying or failing to comply with any provisions of this Act or the regulations or failing to do that which by or under this Act he is required or directed to do shall be guilty of an offence, and, if no penalty be specially provided therefor, shall be liable to a penalty not exceeding $1?000 and to a further penalty of not more than $100 for each day such offence is continued after any conviction therefor.[Section?72 amended: No.?5 of 1961 s.?2; No.?42 of 1966 s.?25; No.?52 of 1994 s.?34.] [73.Deleted: No.?22 of 2012 s.?93.][The First Schedule deleted: No.?38 of 2002 s.?60.]Second Schedule?— Fire districts[s.?5][Heading amended: No. 19 of 2010 s.?4.]Fire districtLocal government district or part thereof constituting fire districtPart IMetropolitan Fire DistrictPerthPart IIMetropolitan Fire DistrictArmadaleFremantleMelvilleNedlandsSouth PerthStirlingSubiacoWannerooJoondalupCambridgeCanningClaremontCockburnCottesloeEast FremantleMosman ParkVictoria ParkVincentBassendeanBayswaterBelmontGosnellsKalamundaMundaringPeppermint GroveSwanRockinghamKwinanaPart IIICoolgardie Fire DistrictCoolgardieCue Fire DistrictCueKalgoorlieBoulder Fire DistrictKalgoorlieBoulderKambalda Fire DistrictCoolgardieLaverton Fire DistrictLavertonLeonora Fire DistrictLeonoraMeekatharra Fire DistrictMeekatharraMount Magnet Fire DistrictMount MagnetNorseman Fire DistrictDundasSouthern Cross Fire DistrictYilgarnPart IVAlbany Fire DistrictAlbany (Town)Augusta Fire DistrictAugustaMargaret RiverBallidu Fire DistrictWonganBalliduBeverley Fire DistrictBeverleyBoyup Brook Fire DistrictBoyup BrookBridgetown Fire DistrictBridgetownGreenbushesBrookton Fire DistrictBrooktonBroome Fire DistrictBroomeBrunswick Junction Fire DistrictHarveyBunbury Fire DistrictBunburyBusselton Fire DistrictBusseltonCarnarvon Fire DistrictCarnarvonCollie Fire DistrictCollieCorrigin Fire DistrictCorriginCowaramup Fire DistrictAugustaMargaret RiverCunderdin Fire DistrictCunderdinDalwallinu Fire DistrictDalwallinuDenham Fire DistrictShark BayDenmark Fire DistrictDenmarkDerby Fire DistrictWest KimberleyDongaraPort Denison Fire DistrictIrwinDonnybrook Fire DistrictDonnybrookBalingupDumbleyung Fire DistrictDumbleyungDunsborough Fire DistrictBusseltonDwellingup Fire DistrictMurrayEatonAustralind Fire DistrictDardanupHarveyEsperance Fire DistrictEsperanceExmouth Fire DistrictExmouthFalcon Fire DistrictMandurahGeraldtonGreenough Fire DistrictGeraldtonGreenoughGingin Fire DistrictGinginGoomalling Fire DistrictGoomallingHarvey Fire DistrictHarveyJurien Fire DistrictDandaraganKalamunda Fire DistrictKalamundaKalbarri Fire DistrictNorthamptonKarratha Fire DistrictRoebourneKatanning Fire DistrictKatanningKellerberrin Fire DistrictKellerberrinKojonup Fire DistrictKojonupKulin Fire DistrictKulinKununurra Fire DistrictWyndhamLake Grace Fire DistrictLake GraceLancelin Fire DistrictGinginMandurah Fire DistrictMandurahManjimup Fire DistrictManjimupMargaret River Fire DistrictAugustaMargaret RiverMerredin Fire DistrictMerredinMoora Fire DistrictMooraMount Barker Fire DistrictPlantagenetMullewa Fire DistrictMullewaMundaring Fire DistrictMundaringNannup Fire DistrictNannupNarrogin Fire DistrictNarrogin (Town)Newman Fire DistrictEast PilbaraNortham Fire DistrictNortham (Town)Northampton Fire DistrictNorthamptonNorthcliffe Fire DistrictManjimupOnslow Fire DistrictAshburtonPemberton Fire DistrictManjimupPingelly Fire DistrictPingellyPinjarra Fire DistrictMurrayPort Hedland Fire DistrictPort HedlandQuairading Fire DistrictQuairadingRavensthorpe Fire DistrictRavensthorpeRoebourne Fire DistrictRoebourneRoleystone Fire DistrictArmadaleSecret Harbour Fire DistrictRockinghamTammin Fire DistrictTamminToodyay Fire DistrictToodyayWagin Fire DistrictWaginWallcliffe Fire DistrictAugustaMargaret RiverWalpole Fire DistrictManjimupWaroona Fire DistrictWaroonaWickham Fire DistrictRoebourneWilliams Fire DistrictWilliamsWitchcliffe Fire DistrictAugustaMargaret RiverWongan Hills Fire DistrictWonganBalliduWundowie Fire DistrictNortham (Shire)Wyalkatchem Fire DistrictWyalkatchemWyndham Fire DistrictWyndhamYallingup Fire DistrictBusseltonYanchep Fire DistrictWannerooYork Fire DistrictYork[The Second Schedule inserted: No.?27 of 1971 s.?4; amended: No.?38 of 1993 s.?34; No.?14 of 1996 s.?4; No.?57 of 1997 s.?60; amended: Gazette 21?Jan?1972 p.?74; 4?Feb?1972 p.?21314; 23?Jun?1972 p.?202930; 4?Aug?1972 p.?2923; 20?Oct?1972 p.?4152; 27?Oct?1972 p.?4208; 25?May?1973 p.?1617; 26?Oct?1973 p.?4050; 28?Jun?1974 p.?22334; 30?Aug?1974 p.?3236; 28?Feb?1975 p.?7212; 7?Dec?1979 p.?3772; 27?Mar?1981 p.?103940; 20?May?1983 p.?15234; 16?Mar?1984 p.?701; 14?Aug?1987 p.?31636; 3?Mar?1989 p.?675; 29?Jun?1990 p.?3147; 16?Jul?1993 p.?3889; 19?Dec?1995 p.?6145; 17?Jan?1997 p.?407; 24?Apr?1997 p.?2068; 27?Jun?1997 p.?3094; 2?Oct?1998 p.?5513; 29?Jun?1999 p.?2832; 1?Jul?1999 p.?2911; 1?Aug?2000 p.?4133; 28?Mar?2002 p.?1762; 6?Sep?2002 p.?4488; 28?Jun?2005 p.?2919; 29?Nov?2005 p.?57823; 14?Dec 2012 p.?6214; 25?Jul?2017 p.?4075.] [The Third Schedule deleted: No.?38 of 2002 s.?61.][The Fourth Schedule deleted: No.?42 of 2002 s.?29.]NotesThis is a compilation of the Fire Brigades Act?1942 and includes amendments made by other written laws 3, 4, 5. For provisions that have come into operation, and for information about any reprints, see the compilation pilation tableShort titleNumber and?yearAssentCommencementFire Brigades Act?194235 of 194223?Dec?194217?May?1943 (see s.?1 and Gazette 14?May?1943 p.?463)Proc. published 9 Apr 1943 p.?345 revoked (see Gazette 14?May 1943 p. 463)Fire Brigades Act Amendment Act?194931 of 194925?Oct?194925?Oct?1949Acts Amendment (Fire Brigades Board and Fire Hydrants) Act?1951 s.?341 of 195120?Dec?19514?Apr?1952 (see s.?2 and Gazette 4?Apr?1952 p.?799800)Fire Brigades Act Amendment Act?195934 of 195930?Oct?195930?Oct?1959Reprint of the Fire Brigades Act?1942 approved 12?Jul?1960 (not in a Vol.)(includes amendments listed above)Fire Brigades Act Amendment Act?19615 of 196110?Oct?196110?Oct?1961Fire Brigades Act Amendment Act?196334 of 196319?Nov?196314?Feb?1964 (see?s.?2 and Gazette 14?Feb?1964 p.?643)Fire Brigades Act Amendment Act?19643 of 19642?Oct?19642?Oct?1964Fire Brigades Act Amendment Act?196642 of 19664?Nov?19664?Nov?1966Fire Brigades Act Amendment Act?197127 of 19711?Dec?19711?Dec?1971Untitled order (Northcliffe Fire District) published in Gazette 21?Jan?1972 p.?7421?Jan?1972Untitled order (Pinjarra Fire District) published in Gazette 4?Feb?1972 p.?213144?Feb?1972Reprint of the Fire Brigades Act?1942 approved 16?Feb?1972 (includes amendments listed above)Untitled order (Augusta Fire District) published in Gazette 23?Jun?1972 p.?20293023?Jun?1972Untitled order (Koolyanobbing Fire District) published in Gazette 4?Aug?1972 p.?29234?Aug?1972Untitled order (Laverton Fire District) published in Gazette 20?Oct?1972 p.?415220?Oct?1972Untitled order (Williams Fire District) published in Gazette 27?Oct?1972 p.?420827?Oct?1972Metric Conversion Act?197294 of 1972 (as amended by No.?19 and 83 of 1973, 42 of 1975)4?Dec?1972Relevant amendments (see Fourth Sch.6) took effect on 19?Dec?1975 (see s.?4(2) and?Gazette 19?Dec?1975 p.?4577)Fire Brigades Act Amendment Act?1972107 of 19726?Dec?197223?Dec?1972 (see s.?2 and Gazette 22?Dec?1972 p.?4755)Untitled order (Kulin Fire District) published in Gazette 25?May?1973 p.?161725?May?1973Untitled order (Kununurra Fire District) published in Gazette 26?Oct?1973 p.?405026?Oct?1973Untitled order (Wickham Fire District) published in Gazette 28?Jun?1974 p.?2233428?Jun?1974Untitled order (Onslow Fire District) published in Gazette 30?Aug?1974 p.?323630?Aug?1974Untitled order (Mullewa Fire District) published in Gazette 28?Feb?1975 p.?721228?Feb?1975Acts Amendment and Repeal (Valuation of Land) Act?1978 Pt.?VI76 of 197820?Oct?19781?Jul?1979 (see?s.?2 and Gazette 11?May?1979 p.?1211)Fire Brigades Act Amendment Act?197885 of 197827?Oct?197827?Oct?1978Fire Brigades Act Amendment Act?197963 of 197912?Nov?19797?Dec?1979 (see s.?2 and Gazette 7?Dec?1979 p.?3769)Untitled order (Roebourne Fire District) published in Gazette 7?Dec?1979 p.?37727?Dec?1979Fire Brigades Act Order (No. 2) 1981 — (Wyndham Fire District) published in Gazette 27?Mar?1981 p.?10394027?Mar?1981 (see cl.?2)Fire Brigades Amendment Act?1982 728 of 198227?May?198230?Jun?1982 (see s.?2 and Gazette 30?Jun?1982 p.?2261)Fire Brigades Act Order?1983 — (Newman Fire District) published in Gazette 20?May?1983 p.?1523420?May?1983 (see cl.?2)Fire Brigades Act Order?1984 — (Koolyanobbing Fire District) published in Gazette 16?Mar?1984 p.?70116?Mar?1984 (see cl.?2)Fire Brigades Amendment Act?1985 ?851 of 198523?Oct?1985s.?1 and 2: 23?Oct?1985;s.?11: 3?Jan?1986 (see s.?2 and Gazette 3?Jan?1986 p.?9);s.?38: 8?Aug?1986 (see s.?2 and Gazette 8?Aug?1986 p.?2815); s.?9 and 10: 5?Aug?1988 (see s.?2 and Gazette 5?Aug?1988 p.?2583)Fire Brigades Superannuation Act?1985 s.?34 987 of 19854?Dec?19853?Nov?1986 (see s.?2 and Gazette 24?Oct?1986 p.?3938)Acts Amendment (Financial Administration and Audit) Act?1985 s.?3 1098 of 19854?Dec?19851?Jul?1986 (see?s.?2 and Gazette 30?Jun?1986 p.?2255)State Government Insurance Commission Act?1986 s.?46(2) 1151 of 19865?Aug?19861?Jan?1987 (see s.?2 and Gazette 19?Dec?1986 p.?4859)Reprint of the Fire Brigades Act?1942 as at 18?Sep?1986 (includes amendments listed above except those in the Fire Brigades Amendment Act?1985 s.?910, Fire Brigades Superannuation Act?1985 and the State Government Insurance Commission Act?1986)Fire Brigades (DongaraPort Denison Fire District) Order 1987 published in Gazette 14?Aug?1987 p.?3163414?Aug?1987Fire Brigades (Denham Fire District) Order 1987 published in Gazette 14?Aug?1987 p.?316414?Aug?1987Fire Brigades (Falcon Fire District) Order 1987 published in Gazette 14?Aug?1987 p.?3164514?Aug?1987Fire Brigades (Yanchep Fire District) Order 1987 published in Gazette 14?Aug?1987 p.?3165614?Aug?1987Acts Amendment (Public Service) Act?1987 s.?32 12113 of 198731?Dec?198716?Mar?1988 (see s.?2 and Gazette 16?Mar?1988 p.?813)Fire Brigades (Jurien Fire District) Order 1989 published in Gazette 3?Mar?1989 p.?6753?Mar?1989Fire Brigades (KalgoorlieBoulder) Amendment Order?1990 published in Gazette 29?Jun?1990 p.?314729?Jun?1990SGIO Privatisation Act?1992 s.?2949 of 19929?Dec?19927?Jan?1993 (see s.?2(3) and 4(2) and Gazette 7?Jan?1993 p.?15)Criminal Law Amendment Act (No.?2) 1992 s.?16(1)51 of 19929?Dec?19926?Jan?1993Fire Brigades (Kambalda Fire District) Order 1993 published in Gazette 16?Jul?1993 p.?388916?Jul?1993Financial Administration Legislation Amendment Act?1993 s.?126 of 199327?Aug?19931?Jul?1993 (see?s.?2(1))City of Perth Restructuring Act?1993 s.?3438 of 199320?Dec?19931?Jul?1994 (see?s.?3(1) and?34(2))Acts Amendment (Public Sector Management) Act?1994 s.?3(2)32 of 199429?Jun?19941?Oct?1994 (see s.?2 and Gazette 30?Sep?1994 p.?4948)Fire Brigades Amendment Act?1994 1352 of 19942?Nov?1994s.?1 and 2: 2?Nov?1994;Act other than s.?1 and 2: 10?Dec?1994 (see s.?2 and Gazette 9?Dec?1994 p.?6647)Statutes (Repeals and Minor Amendments) Act?1994 s.?473 of 19949?Dec?19949?Dec?1994 (see s.?2)Fire Brigades (Mundaring Fire District) Order 1995 published in Gazette 19?Dec?1995 p.?6145619?Dec?1995Water Agencies Restructure (Transitional and Consequential Provisions) Act?1995 s.?188 1473 of 199527?Dec?19951?Jan?1996 (see s.?2(2) and Gazette 29?Dec?1995 p.?6291)Sentencing (Consequential Provisions) Act?1995 s.?14778 of 199516?Jan?19964?Nov?1996 (see s.?2 and Gazette 25?Oct?1996 p.?5632)Coroners Act?1996 s.?612 of 199624?May?19967?Apr?1997 (see?s.?2 and Gazette 18?Mar?1997 p.?1529)Reprint of the Fire Brigades Act?1942 as at 17?Jun?1996 (includes amendments listed above except those in the Sentencing (Consequential Provisions) Act?1995 and the Coroners Act?1996)Local Government (Consequential Amendments) Act?1996 s.?414 of 199628?Jun?19961?Jul?1996 (see?s.?2)Fire Brigades (Gingin Fire District) Order 1996 published in Gazette 17?Jan?1997 p.?406717?Jan?1997Fire Brigades (Lancelin Fire District) Order 1997 published in Gazette 24?Apr?1997 p.?2068924?Apr?1997Fire Brigades (Secret Harbour Fire District) Order 1997 published in Gazette 27?Jun?1997 p.?3094527?Jun?1997Statutes (Repeals and Minor Amendments) Act?1997 s.?6057 of 199715?Dec?199715?Dec?1997 (see s.?2(1))Statutes (Repeals and Minor Amendments) Act?(No. 2) 1998 s.?35 and?7610 of 199830?Apr?199830?Apr?1998 (see?s.?2(1))Fire Brigades (Onslow Fire District) Order 1998 published in Gazette 2?Oct?1998 p.?55132?Oct?1998Fire and Emergency Services Authority of Western Australia (Consequential Provisions) Act?1998 Pt.?342 of 19984?Nov?19981?Jan?1999 (see?s.?2 and Gazette 22?Dec?1998 p.?6833)Fire Brigades (Roleystone Fire District) Order 1999 published in Gazette 29?Jun?1999 p.?2832329?Jun?1999Fire Districts (Adjustment of Boundaries) Order 1999 published in Gazette 1?Jul?1999 p.?2911131?Jul?1999Reprint of the Fire Brigades Act?1942 as at 18?Feb?2000 (includes amendments listed above)Fire Brigades (Dunsborough Fire District) Order 2000 published in Gazette 1?Aug?2000 p.?413341?Aug?2000Fire Brigades (Kalbarri Fire District) Order 2001 published in Gazette 28?Mar?2002 p.?1761228?Mar?2002Fire Brigades (Dwellingup Fire District) Order 2002 published in Gazette 6?Sep 2002 p.?448786?Sep 2002Fire and Emergency Services Legislation Amendment Act?2002 Pt.?4?1538 of 200220?Nov?200230?Nov?2002 (see s.?2 and Gazette 29?Nov?2002 p.?56512)Fire and Emergency Services Legislation (Emergency Services Levy) Amendment Act?2002 Pt.?3?242 of 200211?Dec?20021?Jan?2003 (see s.?2 and Gazette 30?Dec?2002 p.?6635)Reprint 6: The Fire Brigades Act?1942 as at 7?Mar?2003 (includes amendments listed above)Sentencing Legislation Amendment and Repeal Act?2003 s.?6150 of 20039?Jul?200315?May?2004 (see s.?2 and Gazette 14?May?2004 p.?1445)Economic Regulation Authority Act?2003 Sch.?2?Div.?667 of 20035?Dec?20031?Jan?2004 (see s.?2 and Gazette 30?Dec?2003 p.?5723)Courts Legislation Amendment and Repeal Act?2004 s.?141?1659 of 2004 (as amended by No. 2 of 2008 s.?77(13))23?Nov?20041?May?2005 (see s.?2 and Gazette 31?Dec?2004 p.?7128)State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act?2004 Pt.?2?Div.?48?1755 of 200424?Nov?20041?Jan?2005 (see s.?2 and Gazette 31?Dec?2004 p.?7130)Fire Brigades (Fire Districts) Notice 2005 published in Gazette 28?Jun?2005 p.?29181928?Jun?2005Emergency Management Act?2005 s.?10415 of 200527?Sep?200524?Dec?2005 (see s.?2 and Gazette 23?Dec?2005 p.?6244)Fire Brigades (Fire Districts) Notice (No. 2) 2005 published in Gazette 29?Nov?2005 p.?5782329?Nov?2005Reprint 7: The Fire Brigades Act?1942 as at 2?Jun?2006 (includes amendments listed above)Statutes (Repeals and Minor Amendments) Act?2009 s.?946 of 20093?Dec?20094?Dec?2009 (see s.?2(b))Standardisation of Formatting Act?2010 s.?4, 43(3) and 5119 of 201028?Jun?201011?Sep?2010 (see s.?2(b) and Gazette 10?Sep?2010 p.?4341)Fire and Emergency Services Legislation Amendment Act?2012 Pt.?422 of 201229?Aug?20121?Nov?2012 (see s. 2(b) and Gazette 31?Oct?2012 p.?5255)Water Services Legislation Amendment and Repeal Act?2012 s.?213 (other than s.?213(4)(a)) 1825 of 20123?Sep 201218?Nov 2013 (see s. 2(b) and Gazette 14?Nov 2013 p. 5028)Fire Brigades (Fire Districts) Notice (No. 2) 2012 published in Gazette 14?Dec?2012 p.?6213-1414?Dec 2012Reprint 8: The Fire Brigades Act?1942 as at 24?Jan?2014 (includes amendments listed above)Public Health (Consequential Provisions) Act 2016 Pt.?3 Div. 1319 of 201625 Jul 201624?Jan?2017 (see?s.?2(1)(c) and Gazette 10?Jan?2017 p.?165)Fire Brigades (Northampton Fire District) Notice?2017 published in Gazette 25?Jul?2017 p.?407526?Jul?2017 (see cl.?2(b))Other notes1Footnote no longer applicable.2The Fire and Emergency Services Legislation (Emergency Services Levy) Amendment Act?2002 s.?36, which gives effect to Sch.?1, reads as follows:36.Transitional provisionsSchedule?1 has effect.Schedule?1 reads as follows:Schedule?1?—?Transitional provisions[s.?36]Division?1?—?Definitions1.DefinitionsIn this Division?— Authority means the Fire and Emergency Services Authority of Western Australia established by section?4 of the Fire and Emergency Services Authority of Western Australia Act?1998;commencement day means the day on which this Schedule comes into operation;FESA Account means the Fire and Emergency Services Authority Account established under section?30 of the Fire and Emergency Services Authority of Western Australia Act?1998;insurance company has the same meaning as it has in the FB?Act;levy means the emergency services levy determined under Part?6A of the FESA Act and imposed under the Emergency Services Levy Act?2002;Minister has the same meaning as it has in the FESA Act;the FB Act means the Fire Brigades Act?1942, as in force immediately before the commencement day;the FESA Act means the Fire and Emergency Services Authority of Western Australia Act?1998, as amended by this Act;the ICA means the Insurance Council of Australia Limited;the 2003 period means the period that begins on the commencement day and ends on 30?June?2003;the 2004 year means the year that ends on 30?June?2004.Division?2?—?Savings and transitional provisions relating to Part IX of the Fire Brigades Act?19422.ApplicationThis Division has effect despite the repeal by section?23 of Part?IX of the Fire Brigades Act?1942.3.Section?36Section?36 of the FB Act continues to have effect for the 2003?period.4.Section?37(1)Section?37 of the FB Act continues to have effect for the 2003?period.(2)Section?37 of the FB Act also continues to have effect for the 2004?year as if?— (a)after “in respect of each district” in subsection?(1) were inserted?— “ served by a permanent fire brigade ”;(b)subsection?(1)(a) and (b) of that section were deleted;(c)subsection?(2) of that section were repealed and the following subsections inserted instead?— “ (2)For the purposes of subsection?(1), the insurance companies shall contribute the specified percentage of the amount of the estimated expenditure for the year ending 30?June?2004.(2aa)In subsection?(2)?—the specified percentage means the percentage specified by the Minister by notice published in the Gazette.”;(d)subsections?(4) and (5) of that section were repealed.(3)Despite subsection?(3) of section?37 of the FB Act, the contributions in relation to the year that ends on 30?June?2004 required from insurance companies under that section, as continued by this clause, are to be paid at the times, and in the instalments, specified by the Minister by notice published in the Gazette.5.Section?38Section?38 of the FB Act continues to have effect for the 2003?period.6.Section?39Section?39 of the FB Act continues to have effect for the 2003?period for the purposes of requiring insurance companies to give to the Authority not later than 31?March?2003 a return and a declaration, within the meaning of that section, in respect of the year that ends on 31?December?2002.7.Section?40Section?40 of the FB Act continues to have effect for the period that begins on the commencement day and ends on 30?June?2004.8.Section?42Section?42 of the FB Act continues to have effect for the 2003?period for the purposes of the return and the declaration referred to in clause?6.9.Section?43(1)Section?43 of the FB Act continues to have effect for the 2003?period.(2)Section?43 of the FB Act also continues to have effect for the 2004?year as if that section were amended?— (a)by deleting each reference to “local government”;(b)by making any other modification necessary for the purposes of paragraph?(a).10.Section?44Section?44 of the FB Act continues to have effect for the 2003?period.11.Section?45(1)Subject to subclause?(2), section?45 of the FB Act continues to have effect for the purposes of the amount of the contributions, within the meaning of that section, received by the Authority for the year that ends on 30?June?2003.(2)If, for that year, there is a deficit or excess, within the meaning of that section, in respect of the contributions of a local government or the Treasurer?— (a)an amount equal to the deficit is to be paid to the Authority by the local government or the Treasurer, as the case requires, not later than 31?December?2003; or(b)an amount equal to the excess is to be paid by the Authority to the local government or the Treasurer, as the case requires, not later than 31?December?2003.(3)Subject to subclause?(4), section?45 of the FB Act also continues to have effect for the purposes of the amount of the contributions, within the meaning of that section, received by the Authority for the 2004?year from insurance companies.(4)If, for that year, there is a deficit or excess, within the meaning of that section, in respect of the contributions of an insurance company?— (a)an amount equal to the deficit is to be paid to the Authority by the insurance company not later than 31?December?2004; or(b)an amount equal to the excess is to be paid by the Authority to the insurance company not later than 31?December?2004.12.Section?46Moneys borrowed by the Authority under section?46 of the FB?Act and not repaid before the commencement day are taken to have been borrowed under Part?6 of the FESA Act.13.Section?46AAmounts that, immediately before the commencement day, are standing to the credit of a replacement fund established under section?46A of the FB?Act are taken to be amounts standing to the credit of a reserve fund established under section?35A of the FESA Act.Division?3?—?Arrangements with insurance companies14.Arrangements with insurance companies(1)The Minister, after consultation with the ICA, is to take all reasonable steps to enter into arrangements with insurance companies that provide for the Minister to be given sufficient information by the companies to satisfy the Minister that, as a result of the introduction of the levy, the companies have appropriately reduced, or have given appropriate refunds in relation to, the premiums payable for policies of insurance.(2)In subclause?(1)?— policies of insurance means policies of insurance within the meaning of the FB Act.15.Report by Minister(1)Within 18?months after the commencement day, the Minister is to prepare a report on the arrangements referred to in clause?14 and the information given to the Minister in accordance with those arrangements.(2)The Minister may omit from the report any matter that the Minister considers to be of a commercially sensitive nature.(3)As soon as practicable after the report is prepared the Minister is to cause it to be laid before each House of Parliament.Division?4?—?Regulations16.Further transitional regulations may be made(1)If there is no sufficient provision in this Schedule for any matter or thing necessary or convenient to give effect to the purposes of this Schedule, that provision may be made by regulations under section?40 of the FESA Act.(2)Without limiting subclause?(1), regulations referred to in that subclause may provide for any matter or thing necessary or convenient?— (a)to assist the Minister to enter into the arrangements referred to in clause?14; or(b)to give effect to the purposes of entering into those arrangements.(3)Any such regulation may be made so as to have effect on or after the day on which this clause comes into operation.(4)To the extent that any such regulation has effect on a day that is earlier than the day of its publication in the Gazette, the regulation does not operate so as?— (a)to affect, in a manner prejudicial to any person (other than the State or the Authority), the rights of that person existing before the day of its publication; or(b)to impose liabilities on any person (other than the State or the Authority), in respect of anything done or omitted to be done before the day of its publication.3Marginal notes in the Fire Brigades Act?1942 referring to legislation of other jurisdictions have been omitted from this compilation.4Marginal notes in the Fire Brigades Act?1942 referring to sections of the Fire Brigades Act?1916 have been omitted from this compilation.5The amendments in the Fire Brigades Amendment Act (No. 2)?1982 are not included in this compilation because, before it came into operation, that Act was repealed by the Fire and Emergency Services Legislation Amendment Act?2002.6The Fourth Schedule was inserted by the Metric Conversion Act Amendment Act?1975.7The Fire Brigades Amendment Act?1982 s.?18(2) is a savings provision that is of no further effect.8The Fire Brigades Amendment Act?1985 s.?11(2) reads as follows:?(2)Section?38 of the principal Act as amended by subsection?(1) shall have effect on and after 1?July?1985.9The Fire Brigades Superannuation Act?1985 s.?36 is a transitional provision that is of no further effect.10The Acts Amendment (Financial Administration and Audit) Act?1985 s.?4 is a savings and transitional provision that is of no further effect.11The State Government Insurance Commission Act?1986 s.?47 is a savings, validation and transitional provision that is of no further effect.12The Acts Amendment (Public Service) Act?1987 s.?6(2) and (3), 19(2) and (3), 20(2) and (3), 25(2), 26(2) and 28(2) are transitional, validation and savings provisions that are of no further effect.13The Fire Brigades Amendment Act?1994 s.?35 is a validation provision that is of no further effect.14The Water Agencies Restructure (Transitional and Consequential Provisions) Act?1995 Pt.?14 are transitional provisions that are of no further effect.15The Fire and Emergency Services?Legislation Amendment Act?2002 s.?45(4) and?54(3) read as follows:45.Section?5 amended, and transitional(4)An order made by the Governor under section?5 of the Fire Brigades Act?1942 that is in force immediately before the day on which this section comes into operation, continues in force on and after that day, subject to the Fire Brigades Act?1942 (as amended by this Act), as if it were a notice made by the Minister under that section as amended by this Act.54.Section?35A amended and transitional(3)An order made by the Governor under section?35A of the Fire Brigades Act?1942 that is in force immediately before the day on which this section comes into operation, continues in force on and after that day, subject to the Fire Brigades Act?1942 (as amended by this Act), as if it were a notice made by the Minister under that section as amended by this Act.16The Courts Legislation Amendment and Repeal Act?2004 Sch. 2 cl. 18 was repealed by the Criminal Law and Evidence Amendment Act 2008 s.?77(13).17The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act?2004 Pt.?5, the State Administrative Tribunal Act?2004 s.?167 and 169, and the State Administrative Tribunal Regulations?2004 r.?28 and 42 deal with certain transitional issues some of which may be relevant for this Act.18The amendment in the Water Services Legislation Amendment and Repeal Act?2012 s.?213(4)(a) is not included because the subsection it sought to amend had been amended before the amendment purported to come into operation.Defined terms[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]Defined termProvision(s)alleviation33A(15)authorised officer33A(15), 34A(10), 67(1A)brigade4(1)Chief Health Officer48(1)Department4(1)district4(1)employed in the Department4(1)FES Act4(1)FES Commissioner4(1)former Authority24(4)hazardous material4(1)hazardous material incident4(1)inflammable matter4(1)occupier33A(15)owner4(1)permanent fire brigade4(1)premises4(1), 25A(2)presumed occupier33A(15)private fire brigade4(1)property of the Department4(1)public building33A(15)rescue operation4(1)vessel4(1)volunteer fire brigade4(1)water services licensee61(1) ................
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